A man accused of phone threats to House Speaker Nancy Pelosi cried during a court appearence when a federal magistrate initially refused his request to be released to a halfway house instead of jail. Gregory Lee Giusti of San Francisco appeared before Magistrate Judge Bernard Zimmerman. Guisti is charged with making obscene, threatening or harrassing phone calls to a member of Congress. The FBI says he made numerous threatening calls to Pelosi's home and office over her backing of the health care reform bill. He was ordered to be interviewed by prosecutors further to see if he needs treatment for bi-polar disorder. The magistrate held off on a ruling about releasing him to a halfway house. If convicted, Giusti could get two years in prison and a $250,000 fine.